CPA to pay Tinchi Diaz' salary

August 24, 2011 7:40 AM

Today the Court ruled that Diaz is to be paid an advance of 39,064.75 guilders.

Agustin ‘Tinchi’ Diaz, the former general manager of KTK-Panama, had instituted summary proceedings against Curaçao Port Authorities (CPA) and Kompania di Tou Kòrsou (KTK) because his termination payment as mutually agreed on March 1st remained forthcoming.

The case came up for trail on July 29th. During the session, CPA stated the company had a counterclaim of 32,450 dollars because in the absence of Diaz, two checks from KTK Panama to this amount had been cashed. Francisco Oñate, the former office manager in Panama, admitted he had forged Diaz’ signature and cashed the checks.

According to CPA, DIAZ is responsible because he should have made sure the checks carrying the name of KTK Panama, did not fall into the hands of unauthorized third parties. During the session, Diaz challenged the suggested imprudence.

The Court considered there were insufficient facts to prove Diaz’ alleged imprudence. Nor is there clarity on a possible liability of CPA in relation to the own responsibility of KTK Panama as employer and KTK Panama could also tackle Diaz directly on this matter. According to the Court, as there appears to be no damage for Panama, there is no claim.

During the session, it appeared that the investigation in Panama into the payees has not been completed yet. The same applies for the bank accepting the checks.

Because CPA’s counterclaim could not be determined in a summary proceeding, the Court ordered CPA to pay Diaz an amount of 39,064.75 guilders – as an advance – increased with the legal interest, retroactive from 3 March.

In a reaction, Diaz states he doubts whether CPA will start a basic procedure. “Oñate admitted he had forged the signatures. I don’t know what action CPA will take in his case, but I feel certain about my case. It’s up to CPA if they want to continue legal proceedings against me. It will not cost them a penny because CPA will foot the bill,” says Diaz.

13 August 2011